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Terms & Conditions

IN THESE TERMS AND CONDITIONS, THE BELOW TERMS HAVE THE FOLLOWING MEANINGS:

"we", “us” and "our" refers to Treble Cone Investments Limited. "you" refers to any person entering the Treble Cone ski area (which includes any access road) and includes any person or member of a family issued with a pass. "pass" means any pass that allow access to the Treble Cone ski area (including any Season Pass, Lift Pass and Multi Day Pass).

IF YOU ENTER THE TREBLE CONE SKI AREA (WHICH INCLUDES ANY ACCESS ROAD) OR PURCHASE:

A pass, you will be deemed to have accepted these Terms and Conditions. A season pass, you will be deemed to have accepted these Terms and Conditions and the Additional Terms for Season Passes (below). Any Treble Cone Snow Sports Product, you will be deemed to have accepted these Terms and Conditions and the Additional Terms for Treble Cone Snow Sports Products (below).

1. All users of Treble Cone ski area must at all times have a valid pass when accessing the lift facilities.

2. Photo identification will be required when picking up your passes, being issued a replacement pass or updating your photo. Children (up to 17 years) must have their photos updated annually.

3. Passes are deemed to be personal to the original purchaser/user as named on that card. Your photo will be recorded against that pass and will be used to confirm your validity to use our lift facilities.

4. All passes are non-transferable, non-resalable and are for your personal use only.

5. If you attempt to use our lift facilities without a valid pass, or someone else is found using your pass without its loss or theft being recorded in our system, then you may be subject to one or more of the following sanctions (without prejudice to any other remedies we may have):

- report to the Police for prosecution;

- charged for a lift pass or passes to cover the fraudulent use;

- issued with a Trespass notice preventing further access to Treble Cone ski area and/or all

Southern Lakes Ski areas;

- we may cancel any passes you have been issued and decline to issue you other passes in the

future.

6. You acknowledge and accept that you are liable for any misuse that occurs while your pass is not in your possession unless you have already reported your pass lost/stolen prior to the misuse occurring. In accordance with clause 5, you acknowledge and accept that we may cancel your pass if another person is caught using your pass prior to you reporting your pass as lost or stolen.

7. We accept no responsibility for passes that are lost, stolen, damaged, forgotten or destroyed. All lost, forgotten or stolen passes must be reported to the ticket office immediately, please call 03 443 7443. An administration fee of $10 per replacement card will apply to replace any pass that is lost, stolen, damaged or destroyed. Your original pass card will be cancelled and is no longer valid. You must continue to use the replacement pass card for the duration of the season. All information including vertical metres will be transferred to your new card.

8. Treble Cone passes are non-refundable and non-transferrable. Passes will not be refunded due to weather, full or partial ski area closure or other operating contingencies affecting any lift, run, area or facility. Refund requests for multi day or season passes will be considered on medical grounds only at our discretion, when supported by a doctor’s certificate. Single day products are non-transferable and non-refundable under any circumstances. Refund applications must be in writing with supporting documentation & sent to [email protected] Medical grounds may fall into one of the three categories, each of which is subject to its own refund policy detailed below and is subject to $25 fee. The basis of any refund will be determined by the usage of the pass & is at the absolute discretion of Treble Cone.

a. Pre-existing Conditions:

Medical conditions for which medical advice or treatment has been sought prior to skiing at Treble Cone. Multi day passes/season passes are purchased at your own risk and will not be refunded due to pre-existing injuries/flare ups of pre-existing injuries.

b. Injuries sustained at Treble Cone:

Medical conditions sustained while skiing at Treble Cone for which medical advice or treatment has been sought after/on the date of skiing and impacts the ability to ski for the duration of the ski season at the advisement of a medical professional. Multi-day pass/season pass refunds will be considered only when supported by a doctor’s certificate.

c. Injuries sustained outside of Treble Cone:

Medical conditions sustained outside of Treble Cone that impact ability to ski for the duration of the ski season at the advisement of a medical professional. Multi-day pass/season pass refunds will be considered only when supported by a doctor’s certificate

9. The ski season length is subject to snow, weather and market conditions. We operate in a mountain environment where conditions are subject to rapid change. We give no warranty as to the length of the ski season, operating hours, number of lifts operating at any time or to the operation or otherwise of a lift, run, area or facility on any given day. We reserve the right to close any lift, run, area or facility at any time for any reason.

10. All lift ticket products are purchased at your own risk and will not be refunded due to:

11. All lift products expire at the end of the season and cannot be used the following season.

12. You agree to abide by all rules, regulations and directions set by us and the Snow Responsibility Code displayed within the Treble Cone ski area (together referred to as "Rules"). Any breach of the Rules or misconduct will result in the withdrawal, cancellation or suspension of the pass with no refund given. Misconduct includes, but is not limited to, disregard and breach of closed areas, excessive speeding in slow zones, reckless or dangerous skiing or riding, unsociable or aggressive behaviour or skiing or riding under the influence of drugs or alcohol.

13. All pass holders must abide by all signs and instructions when driving on ski area access roads. Failure to abide by signs and instructions or reckless and dangerous driving will result in cancellation or suspension of the pass with no refund.

14. Snow equipment such as Snow Bikes, Snow Scooters and similar equipment are only permitted if they are not self-supporting (i.e. must tip over if the person falls off them), must have and use safety strap, and not take up an extra seat on the chair lift.

15. Tubing is not permitted anywhere at Treble Cone. Smaller plastic play toboggans are only permitted on the snowplay and magic carpet leaner’s slope depending on snow conditions.

16. Paragliders-can take off along the Matukituki ridgeline, but must not fly over, nor land within the ski area boundary. If taking off outside the saddle area, they must be far enough along Towers Ridge to be past the Motatapu Chutes area.

17. Due to NZ Civil Aviation laws and DOC regulations Treble Cone does not permit the use of drones anywhere within the ski area boundary. Commercial film production must apply for special consent, please see our media page for more information on the application process and legal requirements.

18. Snow sports, including skiing and snowboarding, and utilising road access to alpine areas to undertake such activities are all potentially hazardous. In recognition of the inherent risks associated you agree that you use and access the Treble Cone ski area with the knowledge and appreciation of those risks. Whilst we have taken all practicable steps to, where possible, identify and mitigate hazards and obstacles within the Treble Cone ski area (marked and unmarked, natural and manmade) and road access to it you accept that the risk of personal injury and property loss or damage may result from your use of this facility.

19. Passes cannot be used for commercial purposes without our permission.

20. You must not use our facilities for instructing, guiding or demonstrating skiing, snowboarding, other snow-sports or equipment without our permission or take still or video footage for demonstration, instruction or coaching purposes within the licensed area of Treble Cone ski area (regardless of whether there is a fee paid or not).

Exceptions are made if you are teaching direct family members and you are not a qualified instructor (e.g. father and son).

21. A pass does not entitle you to receive any ski or snowboard instruction.

22. Any breach of these terms, or other terms that apply to you, may result in the withdrawal and cancellation of your pass and all associated privileges (without prejudice to any other remedies we may have) and removal from the Treble Cone ski area.

23. All prices that we quote for our passes and products are in New Zealand dollars, valid at time of printing but subject to change without notice. Rates include GST.

3. Child is defined as aged 6-17 years or still attending secondary school.

4. Super Seniors are defined as aged 80 years or over. Children aged 5 or under are entitled to free skiing at Treble Cone.

5. Dependent Children are defined as aged 18 – 22 years and are NZ residents.

We reserve the right to request proof of age or eligibility at any time.

ADDITIONAL TERMS FOR SEASON PASS PURCHASES

IN THESE TERMS AND CONDITIONS, THE BELOW TERMS HAVE THE FOLLOWING MEANINGS:

"we" or “us” refers to Treble Cone Investments Ltd. "you" refers to the person or member of a family issued with a pass. "season pass" means a pass that allows unlimited multi day access from 9am to 4pm throughout the Treble Cone ski area in the season of issue.

1. All ages for season pass purchases are taken as at 1 June 2019.

2. Treble Cone ski area lift access and any benefits associated with a season pass are not valid until full payment is made for that season pass.

3. When you apply for a season pass you will have a photo taken upon collection of your RFID card. Children (up to 17 years) must have their photos updated annually.

4. A Family Season Pass is available to families comprised of:

(a) two adults who live together and are either married to each other or in a relationship in the nature of marriage ("two adults"); and

(b) their children aged 17 or under or still attending secondary school. All of the children must reside with the two adults and one or both of the adults must be the legal guardian of each of the children.

When you apply for a Family Season Pass you must provide proof (acceptable to us) of the required relationships. Such proof may include birth or marriage certificates, guardianship or adoption orders, utilities bills, etc.

If it is discovered that your Family Season Pass was obtained as the result of false information in your application the Family Season Pass will be revoked and no refund given.

5. Dependent child pass is available to any holder of a Family Season Pass with a dependent child aged 18-22 years and resident in New Zealand.

6. Usual Treble Cone operational hours are between 9am – 4pm for the duration of the 2019 season, weather and snow conditions permitting.

7. Subject to any rights you may have under the Consumer Guarantees Act 1993 there will be no refunds on season passes except in the following cases:

(a) We will provide you with a full refund of the cost of your season pass if the ski area does not open for the season that your pass is valid for. There is no refund in the event of a delay to our planned opening date, which is weather and snow dependent.

(b) We may provide you with a partial refund of the cost of your unlimited season pass if you suffer an injury or other medical condition that severely limits your ability to use the pass. To apply for a refund you must submit a written application to us with supporting medical certificate.

(c) Refund applications will not be accepted more than 4 weeks after the pass holder's first day on snow. Any refund will be calculated based on the number of days used (if any) from the pass holder's first day on snow until the date the refund application is made as follows and is subject to $25 fee:

Number of days used - Maximum refund

5 days or less – as per Multi day rates

6 days - 50% refund

7 to 9 days - 40% refund

10 to 12 days - 30% refund

More than 13 days - no refund

“Number of days used” is determined by the scan history of the pass, regardless of how many runs per day.

(d) We may provide you with a partial refund of the cost of your Family Season Pass if an adult named on that pass suffers an injury or other medical condition that severely limits their ability to use their entitlement to the Family Season Pass. To apply for a refund you must submit a written application to us with supporting medical certificate. Refund applications will not be accepted more than 4 weeks after the pass holder's first day on snow. Any refund will be calculated based on the number of days used (if any) from that person first day on snow until the date the refund application is made as follows and is subject to $25 fee:

Number of days used - Maximum refund

6 days or less - 12.5% refund

7 to 9 days - 10% refund

10 to 12 days - 7.5% refund

More than 13 days - no refund

Any refund under a Family Season Pass will be made to the ‘Head of Household’, being the

adult who made the purchase on behalf of the family.

The "number of used days" is determined by the scan history of the pass, regardless of how many runs per day.

(e) We may provide you with a partial refund of the cost of your Adult 5 or 10 Multi day Pass if you suffer an injury or other medical condition that severely limits your ability to use the pass. No refunds will be given for unused days. To apply for a refund you must submit a written application to us with supporting medical certificate. Any refund will be calculated based on the purchase price of your Adult 5 or 10 Multi day Pass less the "number of days used" multiplied by the full individual adult day lift pass rate. The "number of days used" is determined by the scan history of the pass.

(d) If you are requesting a refund on your pass, Treble Cone will require the following information:

- A written request outlining the details of why you require a refund

- A doctor's note including: a) A complete diagnosis b) The date of first medical treatment c) A prognosis, including a statement that insured is unable to ski or snowboard

8. Notwithstanding anything contained in paragraph 7:

(a) there will be no refunds after 8 September annually irrespective of pass use.

(b) all refunds under clause 6(b), (c) and (d) are at our sole discretion and our interpretation of paragraph 6 is final.

ADDITIONAL TERMS FOR FIRST TRACKS AND ADD-ON PURCHASES

Standard Treble Cone operational hours are between 0900 and 1600 for the duration of the 2019 season, conditions permitting.

First Tracks provides unlimited access to the Home Basin Express Chair Lift from 0800 to 0900 from 1st July - 31st August 2019. First Tracks can only be purchased as an add-on to a valid 2019 season pass or as an add-on with a valid day pass.

The operation of First Tracks and access to trails may vary and will be subject to operational requirements, weather and snow conditions and any scheduled events. Treble Cone does not guarantee the operation of First Tracks on any particular day.

Participants load the Home Basin Express Chair Lift only and ski and ride the terrain determined by Ski Patrol on the day.

First tracks passes are non-transferable (cannot be transferred from one person to another) and non-refundable. Full day lift ticket or pass is required - First Tracks add on allows for early access only.

If you are a holder of a day or multi day pass, upon redemption of a first tracks product 1 Day Pass. will also be deducted from your remaining pass balance.

ADDITIONAL TERMS FOR SNOW SPORTS PRODUCT PURCHASES

IN THESE TERMS AND CONDITIONS, THE BELOW TERMS HAVE THE FOLLOWING MEANINGS:

"Group Lesson" means a standard Treble Cone Snow Sports School group lesson (including any group lesson included as part of a lift pass and equipment "Learner" package or similar). "Private Lesson" means a standard Treble Cone Snow Sports School private lesson. "Specialised Programme" means any Treble Cone Snow Sports School product that is not a Group Lesson or Private Lesson. Specialised programmes include, but are not limited to, race and freeride programmes and camps offered by Treble Cone Snow Sports School. Specialised programmes do not include any product that is not provided by Treble Cone Snow Sports School (e.g. The Rookie Academy, Certificate in Ski Patrol, etc). "Snow Sports School Products" means any Group Lesson, Private Lesson and Specialised Programme.

1. For Group Lessons there are a minimum number of 2 people required per lesson. All Group Lessons will be shortened to half the advertised time if minimum numbers are not met.

2. For group lessons there isa maximum number of5 people. In extenuating circumstances, where class sizes are above 5 people, the class will run for an additional half hour.

3. All Snow Sports School Products:

(a) must be fully paid in advance, prior to commencement of the lesson.

(b) are non-transferable or resalable and must be used by the same named guest throughout the season (including any multi packs of Group or Private Lessons).

(c) can only be used in the season they were purchased. There are no refunds for any Snow Sports School Products, vouchers and multi lesson vouchers that are not used in the season they were purchased.

(d) may be held in all weather conditions when any part of the ski area is open.

4. All sundry vouchers that are issued along with your TC pass (i.e. Snow Sports School Products tickets) can only be issued once and cannot be reprinted or reissued if lost or stolen.

5. Subject to any rights you have under the Consumer Guarantees Act 1993 and except as provided in clause 10(a), all refunds or cancellations of any Snow Sports School Products are at our sole discretion. Snow Sports School Products will not be refunded due to weather, "no show", full or partial ski area closure or other operating contingencies affecting any lift, run, area or facility.

6. Private Lessons:

(a) must be booked in advance. We recommend you book well in advance of your preferred Private Lesson date to ensure availability.

(b) are not confirmed until they have been paid in full. Such payment is non-refundable.

(c) must be fully paid within 1 hour of the scheduled start time of the lesson otherwise the booking will be removed.

7. Private Lesson bookings can only be rescheduled with a minimum of 24 hours’ notice to us. We do not give any warranty that a booking will be available at your preferred rescheduled time. Private Lessons cannot be rescheduled in the event of a "no show" (including due to weather). Private Lessons can only be rescheduled to another date within the same season. Noting clause 6, any refund of a Private Lesson booking due to you being unable to attend such lesson or any rescheduled time is at our sole discretion.

8. In the event that a Private Lesson is paid by way of a prepaid voucher, multi lesson product or similar ("Prepaid Voucher"), then such Prepaid Voucher is deemed to have been fully redeemed as at the date the booking is made for that Private Lesson (and not at the date of the Private Lesson). This is regardless of a "no show" (including due to weather), cancellation of the Private Lesson or failure to reschedule the Private Lesson in accordance with clause 8.

9. Refunds on Specialised Programmes will be considered in the following cases:

(a) We will provide you with a full refund of the cost of your Specialised Programme if Treble Cone is unable to commence the programme in the season it was purchased.

(b) We may provide you with a full refund of the cost of your Specialised Programme if Treble Cone reschedules the programme and you are unable to attend. Proof of the inability to attend will need to be supplied to allow us to consider the same (i.e. non changeable travel bookings).

(c) We may provide you with a partial refund of the cost of your Specialised Programme if you suffer an injury or other medical condition that severely limits your ability to attend the programme, prior to the programme commencing. To apply for a refund you must submit a written application to us with supporting medical certificate prior to the scheduled commencement date of the programme. Any refund will be calculated based on the number of days from the date the refund application is made to the scheduled start date of the programme as follows:

Number of days to the scheduled start date of the programme - Maximum refund

5 days or less - No refund

6 to 9 days - 25% refund

10 to 14 days - 50% refund

More than 15 days - 100% refund

All booking changes and cancellations must be made by phoning +64 3 443 7443 or emailing [email protected]

SEASON PASS TERMS & CONDITIONS FOR INSTALMENT OPTION

By selecting to pay by the instalment option, the customer hereby agrees to Treble Cone Investments Ltd (Treble Cone) automatically charging the customer's credit card in equal instalments. In order to be eligible for the instalment plan option, you need to have an Adult or Family season pass product in your basket before you can add on other products and activate the instalment plan. The first instalment will be charged at the time of purchase and the remaining instalments on the following dates:

Offer Period

28th November 2018 - 23rd December 2018

Total Instalments: 6

First Instalment: Day of Purchase

Second Instalment: 22 January 2019

Third Instalment: 22 February 2019

Fourth Instalment: 22 March 2019

Fifth Instalment: 22 April 2019

Sixth Instalment: 22 May 2019

There will be no credit fee charged however please see the default of payment terms for details on charges that will be incurred should your subsequent instalments not process.

Instalment payments can only be made online.

Once selected ALL payments must be processed via our secure online system.

Instalments are not available for purchase made at our sales office in town or on the mountain.

DEFAULT OF PAYMENT

If any instalment is not completed, e.g. due to the credit card payment being declined or reversed, Treble Cone reserves the right to charge a default administration fee of $60 per card transaction. Any changes to credit card details must be advised to Treble Cone by email ([email protected]) or by telephone (+64 3 443 1406) at least five working days prior to the instalment due date. This includes notification of new card expiry dates. Treble Cone will not be responsible for failure by the customer to make payment on the due date for any reason.

CANCELLATIONS AND REFUNDS

Season Passes purchased by instalment are subject to our full terms and conditions from the date of the first instalment (regardless of whether part of full payment has been received). All Season passes are non-transferable.

Subject to any rights you may have under the Consumer Guarantees Act 1993 there will be no refunds on season passes except in the following cases:

We will provide you with a full refund of the cost of your season pass if the ski area does not open for the season that your pass is valid for. There is no refund in the event of a delay to our planned opening date, which is weather and snow dependent

If you are requesting a refund on your pass, Treble Cone will require the following information:

- A written request outlining the details of why you require a refund

- A doctor's note including: a) A complete diagnosis b) The date of first medical treatment c) A prognosis, including a statement that insured is unable to ski or snowboard.

ISSUE AND COLLECTION OF SEASON PASSES

No season pass will be issued or available for collection until full payment of all instalments has been received. (In the case of Family Passes, no member of the family will have their pass issued until the pass has been paid for in full.)

Photo identification will be required when picking up your passes, being issued a replacement pass or updating your photo.

DISCLOSURE

The customer consents to Treble Cone making disclosures required by the Credit Contracts and Consumer Finance Act 2003 in an electronic form, by means of email. The customer's email address for this purpose is [email protected]